Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24667 of 2020 Arising Out of PS. Case No.-51 Year-2006 Thana- NARHATT District- Nawada ====================================================== 1.

ANIL YADAV Son of Mangeshwar Yadav Resident of Village- Simapar, P.S.- Nimchak Bathani, District- Gaya.

2.

Ramnahak Yadav @ Ramanand Yadav Son of Late Baldeo Yadav Resident of Village- Simapar, P.S.- Nimchak Bathani, District- Gaya. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Man Mohan Kumar, Advocate For the Opposite Party/s :

Mrs. Anita Kumari Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-09-2020 . As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Heard learned Counsel for the petitioner and the learned Counsel for the State.

. This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioners seek bail in Narhat PS Case No. 51 of 2006 registered under Sections 147, 148, 149, 457, 342, 323, 307, 504, 427

Patna High Court CR. MISC. No.24667 of 2020(2) dt.23-09-2020 2/2 of the IPC and Section 27 of the Arms Act.

The allegation in the FIR is that co-accused Ram Swaroop Yadav and his family members have broken into the house of the informant, tied him, assaulted and also taken away some articles along with various persons named in the FIR.

Learned Counsel for the petitioners submits that petitioners' name has been inserted in the FIR only because of their proximity with Ram Swaroop yadav, with whom the informant has subsisting land dispute. The petitioners have come to know about their implication in December 2019 whereafter they on their own have surrendered in the court below on 27.1.2020 and since then they have been in custody. All other co-accused persons are already on bail. The petitioners have given undertaking that they would be physically present/represented on each and every date fixed by the tricl court.

Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, lst Class, Nawada in Narhat PS Case No. 51 of 2006 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SNkumar/- U T